N.Y. Comp. Codes R. & Regs. tit. 13 § 301.12

Current through Register Vol. 46, No. 50, December 11, 2024

Section 301.12 - Hearing procedure

(a) The conduct of the hearing shall afford each party a full and equal opportunity to present his/her case.

(b) The arbitrator shall administer an oath or affirmation to each individual who testifies.

(c) Formal rules of evidence shall not apply; the parties may introduce any relevant evidence.

(d) The arbitrator shall receive in evidence a decision rendered in a previous arbitration which was not binding on the consumer and give it such weight as the arbitrator deems appropriate.

(e) The arbitrator shall receive relevant evidence of witnesses by affidavit and such affidavits shall be given such weight as the arbitrator deems appropriate.

(f) The arbitrator shall have discretion to examine the consumer's motorized wheelchair. Both parties shall be afforded the opportunity to be present and accompany the arbitrator on any such examination.

(g) The consumer shall first present evidence in support of his/her claim, and the manufacturer shall then present its evidence. Each party may question the witnesses called by the other. The arbitrator may question any party or witness at any time during the hearing.

(h) The arbitrator shall maintain decorum at the hearing.

(i) The arbitrator may request additional evidence after the closing of the hearing. All such evidence shall be submitted to the administrator for transmission to the arbitrator and the parties.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 301.12